Chap. 322.—An ACT to amend and re-enact chapter 51 of the acts of assembly
of 1922, entitled an act providing for the use of voting machines in cities
of fifty thousand inhabitants or more, so as to provide for the use of voting
machines in any city, town or county in the State. [H B 115]

Approved March 24, 1930

1. Be it enacted by the general assembly of Virginia, That chapter
fifty-one of the acts of assembly of nineteen hundred and twenty-two,
entitled an act providing for the use of voting machines in cities of
fifty thousand inhabitants or more, be amended and re-enacted so as to
read as follows:

Section 1. The council or other governing body of any city or
town, and the board of supervisors of any county in this State, may
adopt for use at elections, any kind or type of voting machine that
fulfills the requirements of this act and has been approved by the
State board of voting machine commissioners, and shall have authority
to use such voting machine at any and all elections held in such city,
town or county, or any part thereof, or in any one or more voting
precincts therein for voting, registering and counting votes cast at
such elections, and shall have authority to purchase, lease, or otherwise
acquire such voting machines and to provide for the payment therefor,
in such manner as said authorities may deem proper. Voting machines
of different kinds may be adopted for use, and used in different dis-
tricts of the same city, town or county.

Section 2. The board of State canvassers shall, ex-officio, be and
constitute the State board of voting machine commissioners.

Section 3. Any person, firm or corporation owning or being in-
terested in any voting machine may apply to the State board of voting
machine commissioners to examine such machine, and make a report
to the secretary of the Commonwealth or successor in office, upon the
capacity of the machine to accurately register and count votes, and in
respect to mechanical perfections and imperfections, and whether the
same meets the requirements prescribed in this act. Their report shall
be filed’ in the office of the secretary of the Commonwealth and shall
state whether in their opinion the kind of machine so examined can be
safely and conveniently used at elections as herein provided. If the
report states that the machine can be so used, and meets the require-
nents herein prescribed, it shall be deemed approved by the said board
and machines of its kind may be adopted for use at elections as herein
provided. No form of voting machine not so approved shall be used
at any election. The State board of voting machine commissioners
shall have authority to employ such experts as it may deem necessary
to assist in the examination of a machine at a cost of not exceeding
fifty dollars for each examination, the said cost to be paid by the per-
son, firm or corporation applying for such examination.

Section 4. Any kind or type of voting machine may be approved
by the State board of voting machine commissioners which 1s so con-
structed as to fulfill, and does fulfill the following requirements. It
shall provide facilities for voting for all candidates of as many political
parties or organizations as may make nominations at any election; for
or against as many questions as may be submitted at any election; and
at all general or special elections, permit the voter to vote for all of
the candidates of one party or in part for the candidates of one or more
parties; it shall permit the voter to vote for as many persons for an
office as he is lawfully entitled to vote for, but no more; it shall
prevent the voter from voting for the same persons more
than once for the same office; it shall permit the voter to vote for
or against any question he or she may have the right to vote on, but
no other; if used at a primary election it shall be so equipped that
all rows except those of the voter’s party can be locked out by the judges
of election by means of an adjustment on the outside of the machine;
it shall correctly register or record, and accurately count all votes
cast for any and all candidates and for or against any and all ques-
tions; it shall be provided with a “protective counter” or “protective
device” whereby any operation of the machine before or after the elec-
tion will be detected; it shall be provided with a counter which shall
show at all times during an election how many persons have voted; it
shall be provided with a mechanical model, illustrating the manner of
voting on the machine, suitable for the instruction of voters; it may
also be provided with one device for each party, for voting for all the
presidential electors of that party by one operation, and a ballot there-
for containing only the words “Presidential Electors For” preceded by
the name of that party and followed by the names of candidates thereof
for the offices of president and vice-president and a registering device
therefor which shall register the vote cast for said electors when thus
voted collectively; provided, however, that means shall be furnished
whereby the voter can cast his vote in part for the candidates for
presidential electors of one party and in part for those of one or more
other parties or in part or in whole for persons not nominated by any
party; it must also insure voting in absolute secrecy.

Section 5. The council or other governing body of any city or
town and the board of supervisors of any county may provide for the
experimental use, at an election in one or more districts or precincts
of a machine which it might legally adopt without a formal adoption
thereof, and its use at such election shall be as valid for all purposes
as if it had been legally adopted.

Section 6. The electoral board of any city, town or county adopting
a voting machine for use at elections shall, as soon as practicable,
provide for each polling place one or more voting machines approved
as herein provided for, in complete and accurate working order and
shall thereafter keep them in proper repair, and sha!] have the custody
of such machines and other furniture and equipment of the polling
place when not in use at an election. If it shall be impracticable tc
supply each and every election precinct with a voting machine or ma-
chines at any election following such adoption as many may be supplied
as it is practicable to procure, and the same may be used in such elec-
tion districts or precincts within the city, town or county as the authori-
ties adopting the same may direct.

Section 7. In every city, town and county adopting the use of
voting machines the electoral board shall furnish to the judges of elec-
tion of the precinct or precincts in which such machines are to be used
a sufficient number of ballots printed on clear white paper, of such form
and size as will fit the ballot frames of the machines, the arrangement
of the names of the candidates on such ballots to be prescribed by the
electoral board. Party nominations shall be arranged on each voting
machine, either in columns or horizontal rows, and the caption of the
various ballots on said machines shall be so placed as to indicate to the
voter what push knob, key lever or other device is to be used or operated
in order to vote for the candidate or candidates of his or her choice.
The order of the arrangement of parties and candidates shall be as
now provided by law, and all of the provisions of sections one hundred
and fifty-five, one hundred and fifty-six, one hundred and fifty-seven,
and one hundred and fifty-eight of the Code of Virginia not in conflict
herewith shall remain in full force and effect.

Section 8. The electoral board of any city, town or county, in which
voting machines are used shall provide for each voting precinct in
which such machines are used, two sample ballots or instruction bal-
lots, which shall be arranged in the form of a diagram the entire front
of the voting machine as it will appear after the official ballots are
arranged therein or thereon for voting on election day. Such sample
ballots shall be open to public inspection at such polling place during
the day of election.

Section 9. It shall be the duty of the electoral board to have the
voting machine or machines and all necessary furniture and equipment
at the polling places before the time fixed for the opening of the polls,
and have the counters on the machines set at zero (000), and otherwise
in good and proper order for use at such election. For the purpose
of placing ballots in the frames of the machine, putting it in order,
setting, testing, and adjusting, and delivering the machine, the electoral
board may employ one or more competent persons, to be known as cus-
todian or custodians of voting machines; who shall be fully competent,
thoroughly instructed and sworn to perform their duties honestly and
faithfully, and for such purpose shall be appointed and instructed at least
thirty days before the election and shall be considered as election officers.
Before preparing a voting machine for any election at which candidates
for more than one political party, are to be voted for, written notice
shall be mailed to the chairman of the local.committee of each of the
two political parties which at the general election next preceding, cast
the highest and next highest number of votes, stating the time, and
place where the machines will be prepared, at which time one represen-
tative of each such political party shall be afforded an opportunity to
see that the machines are in proper condition for use at the election.
When a machine has been so examined by such representatives it shall
be sealed with a numbered metal seal in their presence. Such repre-
sentatives shall certify as to the numbers of the machines, that all
counters are set at zero (000), and as to the number registered on the
protective counter, and the number on the seal. When a voting ma-
chine has been properly prepared for an election, it shall be locked
against voting and sealed; and the keys thereof shall be retained in
the custody of the electoral board and delivered to the judges of elec-
tion along with the voting machine. After the voting machines have
been delivered to the polling places it shall be the duty of the electoral
board to provide ample protection against molestation or injury to
the machine. Every voting machine shall be furnished with a lantern,
or other proper light, if necessary, to enable the voters while voting
to read the ballots, all voting machines used in any election shall be
provided with a screen, hood or booth which shall conceal the voter and
his action while voting.

Section 10. Not less than ten nor more than twenty-one days
before each election the electoral board shall instruct, or cause to be
instructed in the use of the machine and their duties in connection there-
with the judges and clerks, if clerks be appointed, appointed to serve
in such election, and shall not permit any person to serve as a judge or
clerk, if there be clerks, who is not fully qualified to properly conduct
an election with the machine, provided that nothing herein shall be con-
strued as to prevent the appointment of a person as a judge or clerk,
if there be clerks, of election to fill a vacancy in an emergency.

Section 11. In any city, town or county in which voting machines
are to be used, the electoral board may designate suitable and adequate
times and places for the exhibition and demonstration of a voting ma-
chine containing sample ballots, showing the title of offices to be filled
and so far as practicable, the names of the candidates to be voted for
at the next election for the purpose of giving instructions as to the
use of a voting machine to all voters who may apply for the same.
No voting machine shall be used for such instruction after being pre-
pared and sealed for use in an election. During such exhibitions the
counting mechanism of the voting machine shall be concealed from
view.

Section 12. At any and all elections at which voting machines are
used, the exterior of the voting machine and every part of the polling
place shall be in plain view of the judges and clerks, if there be clerks
of election. The voting machine shall be placed at least three feet from
every wall or partition of the polling place, and at least four feet from
any ‘table whereat any of the election judges and clerks, if there be
clerks may be engaged or seated. The voting machine shall be so
placed that the ballots on the face of the machine can be plainly seen
by the judges of the election when not in use by voters. The judges
of election shall not themselves be, or permit any other person to be in
any position or near any position that will permit them to see or ascer-
tain how a voter votes or how he has voted. One of the judges of
election may inspect the face of the machine after each voter has cast
his vote, to see that the ballots on the face of the machine are in their
proper places and that the machine has not been injured. During an
election the door or other covering of the counter compartment of the
machine shall not be unlocked or open or the counters exposed except
for good and sufficient reasons, a statement of which shall be made
and signed by the judges of election and attached to the returns of
election. No person shall be permitted in or about the polling room
except as now provided by law in elections where paper ballots and
ballot boxes are used. ,

Section 13. The judges of each election precinct at which a
voting machine is to be used shall meet at the polling place at least
three-quarters of an hour before the time set for the opening of the
polls at each election, and shall proceed to arrange within the guard
rail the furniture, stationery and voting machine or machines for the
conduct of the election. The judges of election shall then and there
have the voting machines, ballots and stationery required to be de-
livered to them for such election. The judges shall thereupon post at
least two instruction cards conspicuously within the polling place. If
not previously done, they shall arrange, in their proper place on or in
the voting machine, the ballots prepared for such election. The keys
to the voting machine shall be delivered to the judges of election at
least thirty minutes before the time set for the opening of the polls,
in a sealed envelope, on which shall be written or printed the number
of the voting machine, the number of the seal and the number regis-
tered on the protective counter device. The envelope containing the
keys shall not be opened until all of the judges of election for such pre-
cinct shall be present at the polling place and shall have examined
the envelope to see that it has not been opened. The machine shall
remain locked against voting until the polls are formally opened and
shall not be operated except by voters in voting. Before opening the
polls each judge shall examine the machines and see that no vote has
been cast and that the counters register zero (000). If any counter
is found not to register zero (000), the judges shall adjust the counters
at zero (O00) if it can be done by them, if not, they shall make a writ-
ten statement of the designating letter and number of such counter, to-
gether with the number registered thereon, and shall sign and post the
same upon the wall of the polling room, where it shall remain during
the day of election, and in making the statement of canvass, they shall
subtract such number from the number of registered ballots thereon.
Ballots voted for any person whose name does not appear on the
machine as a nominated candidate for office are herein referred to as
independent ballots. When two or more persons are to be elected to
the same office, and the machine requires that all independent ballots
voted for that office be deposited, written or affixed in a single receptacle
or device, an elector may vote in or by such receptacle or device for
one or more persons whose names do not appear upon the machine
with or without the names of one or more persons whose names do so
appear. With that exception and except for presidential electors, no
independent ballot shall be voted for any person for any office whose
name appears on the machine as a nominated candidate for that office;
any independent ballot so voted shall not be counted. An independent
ballot must be cast in its appropriate place on the machine, or it shall
be void and not counted.

Section 14. After the opening of the polls, the judges of election
shall not permit any voter or other person to pass within the guard
rail until they ascertain that he or she is entitled to vote, and only
one voter at a time shall be permitted to pass within or be within the
guard rail to vote. No voter shall remain within the voting machine
booth longer than one minute, and if he or she shall refuse to leave
it after the lapse of one minute he shall be removed by the judges, pro-
vided the judges, in their discretion, may permit a voter to remain
longer than one minute.

Section 15. For the instruction of voters on any election day,
there shall be provided for each polling place a mechanically operated
model of a portion of the face of the machine. Such model, shall be
located on the table of one of the judges or in some other place acces-
sible to the voters and each voter so desiring shall, before entering the
machine be instructed regarding its operation and such instructions
illustrated on the model, and the voter given an opportunity to per-
sonally operate the model. The voters’ attention may also be called to
the diagram of the face of the machine so that the voter may become
familiar with the location of the questions and the names of the offices
and candidates. In case any voter, after entering the voting machine
shall ask for further instructions concerning the manner of voting two
of the judges shall give such instructions to him, but no judge or other
election officer shall in any manner request, or seek to persuade or
induce any such voter to vote any particular ticket, or for or against
any particular candidate, or for or against any particular amendment,
question or proposition. After giving such instructions the judges
shall, before the voter has voted, retire, and such voter shall cast his
ballot in secret.

Section 16. The provisions of the existing election laws relating
to the assistance to be given to voters shall also apply where voting
machines are used, and the word “booth”, when used in sections, shall
be interpreted to include the voting machine booth curtain or enclosure.

Section 17. In case any voting machine used in any election dis-
trict shall, during the time the polls are open, become injured so as
to render it inoperative in whole or in part it shall be the duty of the
judges to give immediate notice thereof to the electoral board and it
shall be the duty of such board if possible to substitute a machine in
good order for the injured machine, and at the close of the polls the
record of both machines shall be taken, and the votes shown on their
counters shall be added together in ascertaining the results of the elec-
tion, but if no other machine is available for use at such election, and
the injured one cannot be repaired in time to continue use thereof at
such election, unofficial ballots made as nearly as possible in the
form of the official ballots may be used, received by the
judges of election and placed in a receptacle in such case to be pro-
vided by the election officers, and counted with the votes registered on
the voting machines; and the result shall be declared the same as
though there had been no accident to the voting machine; the ballots
thus voted shall be preserved and returned with the statement of can-
vass with a certificate setting forth how and why the same were voted.

Section 18. As soon as the polls of election are closed the judges
of election shall immediately lock and seal the voting machine against
further voting and open the counter compartment in the presence of
all persons who may be lawfully present at the time giving full view
of the counters, and shall canvass and announce the results as shown
by the counters including the votes recorded for each office on the
independent ballots, and shall also announce the vote upon every
amendment, proposition or question voted upon. The vote as registered
shall be entered on a statement of canvass and when completed shall
be compared with the numbers on the counters of the machine. If
found to be correct the statements shall be duly certified and sworn
to and returned and filed as now provided by law for returning and
filing election returns. No tally sheets nor return blank as required by
law for use in election districts where paper ballots are used need be
furnished or used where voting machines are used, and no ballots
need be returned with the statement of canvass except the independent
ballots and ballots cast by absent voters.

If absentee voters ballots have been voted such ballots shall be
canvassed and tallied and the vote thereon for each candidate, amend-
ment or proposition added to the vote as recorded on the voting
machine and included in the statement of canvass. Absentee voters
ballots and independent ballots shall be enclosed in a sealed package,
properly endorsed, and returned and filed with the statement of can-
vass as now required by law. The keys of the voting machine shall be
inclosed in a sealed envelope having endorsed thereon a certificate
of the judges of election stating the number of the machine, the elec-
tion precinct, the number on the seal and the number on the protective
counter, and shall be returned and delivered by one of the judges of
the election to the board or officer from whom the keys were received.
After being locked by the judges of election the voting machines shall
remain locked for the period of thirty days and as much longer as
may be necessary or advisable because of any threatened contest over
the result of the election except as may be necessary to prepare the
machines for another election and except that they may be opened and
all data examined upon the order of a court of competent jurisdiction.

Section 19. All of the election laws now in force, and not incon-
sistent with the provisions of this act, shall apply with full force and
effect to elections in cities, towns and counties adopting and using voting
machines. Nothing in this act shall be construed as_ prohibiting
the use of a separate ballot for constitutional amendments and other
public measures. .

Section 20. It is hereby specially provided that in any city, town
or county in which voting machines are adopted and used it shall not
be necessary, to appoint any clerks of election for any precinct for any
election, but three judges of election shall be appointed as now pro-
vided by law for each election precinct, provided, that nothing in this
section shall be construed to prohibit the appointment of clerks, if
deemed necessary by the electoral board.

Section 21. If in any city, town or county voting machines shall
have been adopted under the provisions of this act for use at general or
special elections such machines may be used at primary elections in
such city, town or county. When so used all provisions of the laws
of this State applying to their use at general or special elections not
inconsistent with the provisions of this act, and all provisions of this
act as far as applicable shall apply to the use of such voting machines
at such primary elections.

Section 22. Any unauthorized person found in possession of any
voting machine key or keys shall be deemed guilty of a misdemeanor
and upon conviction thereof shall be fined not less than twenty-five
nor more than five hundred dollars, and imprisoned in jail not less
than ten nor more than ninety days or both so fined and imprisoned,
in the discretion of the court or jury trying the case.

Any person who wilfully tampers with or attempts to tamper with,
disarrange, deface, or impair in any manner whatsoever, or destroy
any such voting machine while the same is in use at any election or
who shall, after such machine is locked in order to preserve the regis-
tration or record, of any election made by the same, tamper with or
attempt to tamper with any voting machine, or who instigates, aids or
abets, in either case herein mentioned with intent to destroy or change
the record of votes thereon, shall be deemed guilty of a felony and
upon conviction thereof. shall be confined in the penitentiary for not
less than one nor more than five years, or confined in jail not less
than six nor more than twelve months.